Re: [DML] Re: logos & copyrights

[Lee <immerse@xxxx>]

reply:

Walt,

I tend to agree with your assessment, but being right or wrong about the issue of the
exact form of the logo claimed by DMC Houston is not the point.

Copyrights are federal rights and for the most part self enforced, so whilethey are
federal
laws, the copy right owners are required to do all the legal work of enforcement.

So when James (DMC Houston) made his threats about non existent use agreements and
re evaluation of My use of their logo, he was using the power of Title 17 of the US
Copyright statutes. Under these laws the defendant (that?s me in this case) is required
to
do several things when "notice" is received, some of which are to stop the infringement
work,
destroying all infringing materials, molds, etc,. No cease & desist order is required
unless
I refuse to follow the Title 17 statutes.

The problem for us casual producers of various DeLorean things is that whenMr. Wynne
tells any one over the phone something along the lines as "?if it is not offensive or
degrades DeLorean's name or the car ?." It's OK, The caller has no actualpermission to
use the DMC Houston registered logo. Such licensing has to be in writing tobe
enforceable and defended. In my case I spent money to have an attorney write a proper
contract, Mr. Wynne received that contract and liked it's content or so he said on the
phone, but he never signed the contract or ever got back to me once James took over.
While the contract did include the use of the "DMC" logo it also covered other items I
wanted to produce.

The bottom line is that it's entirely DMC Houston's game, they can enforce or not as they

choose, with any out come being either an out of court settlement or court finding after
a
trial.

More to the point, The issue with me was being threatened with the loss of tacit
approval
by DMC Houston unless I delivered a FREE limited edition 1/24th scale modelto DMC
Houston. The current excuse "I was only joking?about the copyrights?"when taken
with a new accusation on the phone that.... "If you want to use the copyright problem to
get
out of finishing the models?.That's OK with me " (James of DMC Houston), belies the
suggestion that DMC Houston (James) made no such statements/demands.

As a practical matter there is little I can do now with out a voluntary license from DMC
Houston's. Not because I am wrong or that DMC Houston have rights to my exact usage.
But because DMC Houston has given me what is know as "Legal notice", now I can only
wait to see if the other shoe falls. This is true of all others as well whoare selling
anything that DMC Houston might decide to claim is theirs, not saying they will, just
that
it's their option. They must enforce their copyrights and it is what they think falls
with in
their registration that counts. Any one me included who produces anything that DMC
Houston decides fall under their registration is at risk with out a writtenagreement.

Lee



Walter wrote:

> > The DMC logo was officially registered THIS YEAR 9/25/2001 by Houston.
> > This also ran out in 1985, so was unregistered from 1985 until this
> > year.
>
> I bet that DMC Houston will have a very hard time defending any
> infringements on this copyright since it has technically been in the public
> domain from 1985-2001. There was a similar problem with a copyright
> concerning the Diver's Down Flag (the red flag with the diagonal white
> stripe.) Someone had a copyright to this many many years ago but never
> enforced it. Eventually it became part of the logo for just about every
> dive shop in the world. When they went to enforce their copyright, they
> couldn't. I bet a similar thing might happen with DMC Houston. People have
> been producing the DMC logo in various forms now for several years. If
> Houston tries to get a cease & decist order at this point, I bet it will be
> a moot point. (and probably bad for their business anyway.)
>
> Walt Tampa, FL
>
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